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PRESENTMENT FOR PAYMENT-Continued.

in action before, costs are discretionary, 307

to acceptor for honor, 370

delay excused in, 371

governed by law of place where made, 389

time for, governed by law of place where payable, 390
foreign protest prima facie evidence of, 392

of cheque in reasonable time, 401

after countermand, 403-4

death of customer, 404-5

of note payable on demand, 424-6

at a particular place, 427

action on note before, costs discretionary, 427
of note necessary to hold indorser, 429-30
PRESUMPTION, legal or disputable, 121, 123

of delivery from possession, 121
that bill is inland, 55

acceptance shortly after date, 86
date of bill is correct, 87

acceptance is correct, 87
inchoate bill filled up properly, 114

party is party for value, 198

holder is holder in due course, 198

indorsements are in proper order, 216

cancellation is regular, 360

in favor of good faith, 433

conclusive, or juris et de jure, 121, 123

when valid delivery conclusively presumed, 121

PRINCE EDWARD ISLAND, law of England in, 14

provincial legislation, 15

qualified acceptance, 110, 427, 477

tariff for protest fees, 442, 477

statutes repealed, 477

PRINCIPAL AND AGENT, see also Agent
undisclosed principal not liable, 138
signature by procuration, 153

rule when doubtful who is liable, 159, 166
notice of dishonor to either is valid, 279
when dishonored bill in hands of agents, 283
PRINCIPAL AND SURETY,

renunciation where such relation exists, 355
effect of composition with princip al, 355, 358
discharge of principal releases si rety, 355

PRINCIPAL AND SURETY-Continued.

unless rights are reserved, 355, 357
what parties stand in such relation, 356
parol evidence may show true relation, 356
extinction of suretyship in Quebec, 356

effect of delay given to principal, 356, 357, 358
taking renewal from principal, 359, 360

PROCEDURE provincial laws of, affect bills and notes, 2
action, counterclaim, set-off, 23-5

incidental demand in Quebec, 24

defence and counterclaim, 30
defence in case of patent rights, 203

action on bills and notes in Ontario, 484
Quebec Code of Civil, cited, 25. 93

extracts from, 503-6

PROCURATION, operation of signature by, 153-9
how bills by, should be signed, 160

PROMISE TO ACCEPT, is not an acceptance, 101
promissor may be liable on contract or by estoppel, 105
verbal, invalid where verbal acceptance valid, 105

PROMISSORY NOTE, in Act "note" means, 26

when holder may treat instrument as bill or, 34, 56-8, 415
bill where drawer or drawee same person is, 56

drawee fictitious or without capacity is, 56

payable at place named and "not elsewhere" in Ontario, 110, 427

to bearer, restriction on companies issuing, 132-3, 415

definition of, 413

not for money in Nova Scotia and New Brunswick, 414

unconditional promise in, 411

payable on demand, 414

no particular form of words required, 415

illustrations of instruments not valid notes, 416

bank notes, 418, 454

Dominion notes, 418, 454

Bon or I. O. U., 418

valid notes, 416-7

indorsement necessary where maker also payee, 420
may contain pledge of collateral security, 420

discounted, securities go with, 420

what is an inland, 421

a foreign, 421

delivery to payee or bearer necessary to complete, 421
may be by two or more makers, 421

PROMISSORY NOTE-Continued.

may be joint or joint and several, 421

"I promise to pay " by two or more is joint and several, 424
presentment of indorsed, payable on demand, 424

on demand, as collateral or continuing security, 424-6
on demand, when deemed overdue, 426

"at maturity," 426

must be presented at place of payment, 427
maker not discharged by want of presentment, 427
costs of action before presentment discretionary, 427
indorser of, not liable without presentment, 429-30
when place of payment by memorandum only, 430
liability of maker of, 430, 431

estoppel of maker as to payee, 431

what provisions as to bill also apply to, 432
maker of, corresponds to acceptor, 432

first indorser to drawer who is also payee, 432

protest of foreign, necessary to bind indorsers, 432
notarial note en brevet in Quebec, 440, 472

form of inland, 471

foreign, 472

action in Ontario on, 484

provisions of Quebec civil code relating to, 500

code of procedure relating to, 503

PROOF, see Evidence-Burden of Proof

PROPERTY IN BILL, delivery may not always pass, 121
holder may sue without having, 232, 234

PROTEST, for balance in case of partial acceptance, 254
of inland bill compulsory in Quebec, 297-8
optional elsewhere, 297

of foreign bill for non-acceptance necessary, 299
non-payment necessary, 299

in default, drawer and indorsers discharged, 299

outside Quebec unnecessary, unless foreign on face, 279
for non-payment after protest for non-acceptance, 300
waiver as to acceptance, 300

must be made or noted on day of dishonor, 300

may be extended later if noted on day of dishonor, 300

for better security when acceptor suspends, 301

must be at place of dishonor, or within 5 miles, 302

may be at place when bill returned by post, 302
in this case on day of return or next day, 302
may be at any hour after non-acceptance, 302

PROTEST-Continued.

for non-payment only after three o'clock, 302
presentment for, by notary's clerk, 303
must contain a copy of the bill, 303, 443
or have the original bill annexed, 303, 443
must be signed by notary, 303

what must be stated in, 303

seal not necessary on, 301

of lost, destroyed or detained bill on copy, 301
when may be dispensed with, 305

delay excused, 305

must be made when cause ceases, 305

bank clerk or agent must not, 305-6

acceptor liable without, 308

acceptance supra protest, only after, 306

presentment to acceptor for honor only after, 370

case of need only after, 370

in case of dishonor by acceptor for honor, 371

payment for honor only after, 371

act of honor may be appended to, 372

payer for honor entitled to receive, 373

law of place determines sufficiency of, 389

notarial copy makes prima facie proof of, 392

of foreign note necessary to bind indorsers, 432

may be extended later, if noted on day of dishonor, 438

when justice of the peace may, 439

holder allowed expenses of, 324, 440,

fees allowed for in different provinces, 440-2

forms of, 443, 460-4

forms of notice of, 464-6

PROVINCE, in Act includes the Territories, 92

holidays differ in different, 92

legal holiday or non-juridical day in, 90
fast or thanksgiving day in, 92

PROVINCIAL LEGISLATION, as to bills,

in Quebec, 8, 110, 475, 486

in Ontario, 10, 110, 427, 475, 479

in Nova Scotia, 12, 475, 476, 507

in New Brunswick, 14, 475, 478, 508

in Prince Edward Island, 15, 110, 427, 475, 477

PUBLIC HOLIDAY-See Holidays

PUBLIC POLICY, 194-See Consideration

QUALIFIED ACCEPTANCE, defined, 107, 253
when an acceptance is, 109, 114

payable at a particular place is not, 109
"and not elsewhere" is in England, 110

was in part of Canada, 110, 427

holder may refuse to take, 253

requires assent of drawer and indorsers, 253-4

notice to drawer and indorsers of, 254

QUEBEC, French law introduced into, 7
English law in, 7

provincial legislation on bills, 8

Civil Code, 9, 486-See Civil Code
English rules of evidence, 9

compensation, 24, 339

incidental demand, 25

holidays in, 92

law of, as to capacity, 126

minors, 126

idiots, lunatics, etc., 127

married women, 127

companies, 132-3

tutors, curators, etc., 164

moral consideration valuable in, 166

inland bill or note should be protested in 297, 432
insolvency of debtor makes debt mature in, 301
indorsement pour aval, 319-22

novation in, 333

prescription of bill or note in 5 years, 341

recent decisions as to notes in, 417

law of, as to bons, 419

joint liability in, defined, 422

office of notary in, 439

note en brevet, in, 440, 472

tariff of fees for protests in, 441

municipal debentures in, 455, 456

bank deposit receipts in, 459

chapter 123, R. S. C. referring to, 483

civil code, articles relating to bills, etc., 488-503
Code of Civil Procedure, relating to bills, etc., 03

RATIFICATION, of bill made by infant or minor, 127
of unauthorized signature, 145

forged signature incapable of, 148-50

estoppel may have same effect as, 145, 150

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