NEW BRUNSWICK-Continued. tariff of fees for protests in, 442 foreign protest formerly evidence in, 478 when bill is dishonored by, 251 recourse against drawer and indorsers on, 251-2 not counted in delays under three days, 438 NON-JURIDICAL DAY, bill dated on, valid, 88 See Holiday NON-PAYMENT-See Dishonor-Notice of Dishonor NORTH-WEST TERRITORIES, former law as to bills in, 17 Married Women's Property Act in, 128 corporation must use the word "limited," 133 office of notary in, 439 fees for protests in, 442 "NOT NEGOTIABLE," cheque may be crossed, 407, 408 effect of special crossing, 407 NOTARIAL ACT OF HONOR, on payment supra protest, 372 basis of, 373 form of, 473 NOTARIAL NOTE, en brevet, 346, 440, 472 NOTARY PUBLIC, must sign protest, 303 bank officer not to act as, 305 when justice of the peace may act as, 439 NOTE in the Act means promissory note, 26 NOTICE of acceptance of bill, equivalent to delivery, 119 of acceptance may be written or verbal, 119 of forged indorsement given within a year, 146 of limited authority implied in procuration, 153 of party being accommodation party, when immaterial, 184 of dishonor prevents holder from being holder in due course, 186 NOTICE-Continued. of defect in title of party negotiating, has same effect, 186 to agent is notice to principal, 188 actual knowledge of usurious consideration necessary, 202 of dishonor of bill not overdue, defect of title, 230 of partial acceptance prevents discharge of drawer and indorsers, 254 must be given to drawer and each indorser, 270 rules as to, 273 must be given by holder, or indorser who is liable, 273 in name of any party entitled, 274 tendency not to regard informalities in, 276 in case drawer or indorser is known to be dead, 280 each party receiving. has next business day to give, 283 sender not responsible for miscarriage by post, 289 dispensed with, 292 if impossible, 292 if waived, 293 as to drawer, 294 as to indorser, 295 to others than drawer and indorsers, 296 to acceptor for honor, 369 NOTICE OF PROTEST, 464-5-See Notice of Dishonor must be on day of dishonor, 300 NOTING-Continued. delay in, when excused, 305 protest may be filled up later, 438 expense of, allowed, 440 forms of, 443, 460, 464, 465 NOVATION, defined, 333 NOVA SCOTIA, law of England introduced, 11 seal on protest formerly necessary, 304 OFFICE, payee may be indicated by, 61 OFFICER OF CORPORATION, bill drawn on, 99 acceptance by, 100-2 signature by, 154, 157, 159-164 ONTARIO, French law originally in force, 10 qualified acceptance, 110, 427 Married Women's Property Act in, 128 bills of companies, 132-3 annexing bill to protest, 303-4 statute of limitations in, 342-3 written promises in, 342-3 tariff of fees for protests, 441 other corporation debentures, 457 statutes repealed by the Act, 479-83 ONUS PROBANDI-See Burden of Proof-Presumptions ORDER, when a bill is payable to, 73 bill payable to particular person is payable to, 74 debentures payable to, 455, 457 ORIGIN of bills and notes, xlv. OVERDUE, bill may be accepted although, 82, 106 person acquiring bill, not holder in due course, 186 indorsement presumed before bill, 230 OWNER, holder need not be, 28 restrictive indorsee not the, 222 when bank paying crossed cheque not liable to, 410 when bank collecting crossed cheque not liable to, 412 PARTS OF A SET-See Set PATENT RIGHT, bill or note for, must have words on face, 203 is subject to equities, 203 breach of law a misdemeanor, 204 PAY CASH," words to reopen or uncross cheque, 409 PAYEE, defined, 45 may be same person as the drawer, 56 drawee, 56 of bill to order must be named or indicated, 60 fictitious or non-existing, 63 when need not indorse, 74 provisions regarding, apply to indorsee, 220 wrongly designated, how must indorse, 215 PAYER may disregard conditional indorsement, 217 for honor may intervene and pay bill, 371 declares intention to notary, 373 PAROL EVIDENCE, 36-9, 60, 88, 121-3, 168, see Evidence M'L.B.E.A.-35 PARTIES, delivery as between immediate and remote, 121-2 capacity and authority of, 124 who may be parties to a bill, 124 holder for value as against prior, 179 holder in due course free from defects of, 235 PARTNERS, bill may be addressed to, 59 acceptance of bill by one, 99 signature of firm equivalent to that of all, 138, 142 bill by one in fraud of others, 142-5, 198 PAYMENT, when no time for, is expressed, 80 time of, how determined, 90, 93 by acceptor, when conditional, 109 holder entitled to, although drawer or indorser without capacity, 136 against conditional indorsement valid, 217 restrictive indorsee may receive, 224 holder may enforce, 232 to holder with defective title valid, 239 when delay is excused in presenting for, 263-8 dishonor for want of, gives immediate recourse, 26 acceptor of bill primarily liable for, 312 drawer of bill conditionally liable for, 315 of bill by drawer or indorser gives right to damages, 324 in due course by drawee or acceptor discharges bill, 332 "" Daniel's definition of, 332 in good faith, 333 by bill or note, 333 may be absolute, 333 is only conditional without agreement,333 part payment is equity attaching to bill, 338 |