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 INLAND NOTE, definition of, 421 noting or protest of, optional except in Quebec, 421 INSTALMENTS, bill may be payable by, 74 each, treated as separate bill, 76 INTEREST, bill may be made payable with, 74 rate of in Canada and other countries, 75-6 bill given on usurious consideration, 202 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 I. O. U. OR BON, whether negotiable, 418 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 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 acceptance by some only is qualified, 109, 114 JOINT DRAWERS or indorsers, notice must be given to all, 282 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 form for protest by, 466 KNOWLEDGE, as to accommodation party immaterial, 184 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 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 see Personal Representative-Representative Capacity LEGAL TENDER, Dominion notes are a, 418 LETTER, is sufficient notice of dishonor, 276 LEX DOMICILII, 125, 391 loci contractus, 126, 383, 392 loci solutionis, 126, 384, 390, 392 LIABILITY of drawer or indorser may be limited, 97-8 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 holder having, deemed a holder for value, 180 LIMITATIONS, STATUTE OF, OR PRESCRIPTION, law of England as to, 343 acknowledgements to take case out of statute, 344, 346 LIQUIDATED DAMAGES on dishonored bill, 324 bill of, voidable not void by English law, 127 MAKER of note given for a patent right, 204 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 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 MARRIED WOMAN, law of Quebec as to, 127 bill or note in Quebec for husband's debt null, 127, 129, 130 statutes relating to property of, 128 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 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 the holder at or after, discharges bill, 352 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 MERGER of bill in higher security discharges it, 333 may in Quebec if emancipated or a trader, 127, 129 MISCARRIAGE by post office does not invalidate notice, 289-90 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 MISTAKE, insertion of wrong date in good faith by, 86 MONEY, bill or note must be for sum certain in, 33,413 definition of, 41 illustrations of what is deemed, 42-5 acceptance must be for payment in, 102 MONTH, means a calender month, 94 maturity of a bill payable at a month or months, 94-5 MUNICIPAL DEBENTURES, 417, 455 NEED, CASE OF, see Referee in Case of Need NEGLIGENCE, bad faith is something more than, 188, 239, 433 may be evidence of bad faith, 434 rule in Gill v. Cubitt not now followed, 435 bank paying crossed cheque without, 410-2 NEGOTIABLE, what bills are not, 69, 225 bill payable to particular person formerly not, 69, 73 when negotiable bill ceases to be so, 225 other negotiable instruments, 454 NEGOTIATION OF BILL, to holder in due course, after filling up, 117 in breach of faith, a defect of title, 190 definition of, 206 payable to bearer, by delivery, 207 requisites of indorsement to operate as, 211 all payees or indorsees must indorse, 214 presentment within reasonable time after, 243 by drawee or indorsee who has paid, 349 in another country, rights of parties, 380 of note payable on demand, 426 NEW BRUNSWICK, law of England introduced into, 13 former law as to bills, 13-14 provincial legislation as to bills, 14, 414 |