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 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 delivery from possession, 121 acceptance shortly after date, 86 acceptance is correct, 87 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in, 14 provincial legislation, 15 qualified acceptance, 110, 427, 477 tariff for protest fees, 442, 477 statutes repealed, 477 PRINCIPAL AND AGENT, see also Agent rule when doubtful who is liable, 159, 166 renunciation where such relation exists, 355 PRINCIPAL AND SURETY-Continued. unless rights are reserved, 355, 357 effect of delay given to principal, 356, 357, 358 PROCEDURE provincial laws of, affect bills and notes, 2 incidental demand in Quebec, 24 defence and counterclaim, 30 action on bills and notes in Ontario, 484 extracts from, 503-6 PROCURATION, operation of signature by, 153-9 PROMISE TO ACCEPT, is not an acceptance, 101 PROMISSORY NOTE, in Act "note" means, 26 when holder may treat instrument as bill or, 34, 56-8, 415 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 discounted, securities go with, 420 what is an inland, 421 a foreign, 421 delivery to payee or bearer necessary to complete, 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 on demand, as collateral or continuing security, 424-6 "at maturity," 426 must be presented at place of payment, 427 estoppel of maker as to payee, 431 what provisions as to bill also apply to, 432 first indorser to drawer who is also payee, 432 protest of foreign, necessary to bind indorsers, 432 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 PROTEST, for balance in case of partial acceptance, 254 of foreign bill for non-acceptance necessary, 299 in default, drawer and indorsers discharged, 299 outside Quebec unnecessary, unless foreign on face, 279 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 PROTEST-Continued. for non-payment only after three o'clock, 302 what must be stated in, 303 seal not necessary on, 301 of lost, destroyed or detained bill on copy, 301 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 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 payable at a particular place is not, 109 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 provincial legislation on bills, 8 Civil Code, 9, 486-See Civil Code 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 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 RATIFICATION, of bill made by infant or minor, 127 forged signature incapable of, 148-50 estoppel may have same effect as, 145, 150 |