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, 414

payable on demand, 414

no particular form of words required, 415
illustrations of instruments not valid notes, 416

valid notes, 416-7

bank notes, 418, 454

Dominion notes, 418, 454

Bon or I. O. U., 418

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, 304

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., 485-503
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

REASONABLE DILIGENCE,

in presentment for acceptance, 243, 249
in presentment for payment, 257, 261, 262
in giving notice of dishonor, 290

in making protest, 305

REASONABLE HOUR, for presentment for acceptance, 246

payment, 257-8

REASONABLE TIME, incomplete bill should be filled up in, 116
for presenting bill payable on demand, 229, 255

bill at or after sight, presented or negotiated in, 243

how determined, 244, 256, 424

dissent from qualified acceptance in, 254

for presenting cheque, 402

note payable on demand, 424

RECOURSE indorsing without, 98, 165, 211

RE-EXCHANGE, in case of bill dishonored abroad, 326-7
REFEREE IN CASE OF NEED, defined, 97

resort to, optional, 97

was compulsory under code, 97
protest required before presentment to, 370
REFUSAL, drawee may accept after, 106
date of such acceptance, 106-7

REGULAR on its face, a bill, 186, 187
an undated bill is not, 50, 187
a post-dated cheque may be, 187

RE-ISSUE OF BILL, by drawer, indorser or acceptor, 231
paid by indorser or drawer, 349
of bank notes, 418

RELEASE, see Discharge

REMEDY, lex fori governs as to, 393

REMOTE PARTIES, delivery as regards, 121

notice of dishonor to, 283

RENEWAL BILL, payable by, 333, 337

suspends remedy on original, 333, 337
see Novation, 333

RENUNCIATION, by holder when discharges bill, 353

must be in writing unless bill given up, 354

by holder discharges any party, 355

does not affect holder in due course, 355
see Discharge