REASONABLE DILIGENCE, in presentment for acceptance, 243, 249 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 reguired before presentment to, 370 REGULAR on its face, a bill, 186, 187 a post-dated cheque may be, 187 RE-ISSUE OF BILL, by drawer, indorser or acceptor, 231 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 RE-OPENED, how crossed cheque may be, 409 certain Imperial Acts not to apply to Canada, 446 executors, trustees, tutors, etc., 164-6 RESTRICTIVE INDORSEMENT, defined, 222 rights of indorsee under, 224 relation of indorser and indorsee under, 224 RETROSPECTIVE, the Act is not, 21, 73, 447 section 8 of the Amending Act is, 19, 451 RETURN of bill sufficient notice of dishonor, 278 REVOCATION, of drawing, acceptance or indorsement, 119 notice of acceptance, 119 of right to fill up bill by death, 118 of right of bank to pay cheque by death, 404 RULES governing presentment for acceptance, 246 payment, 255 SANS RECOURS, indorsement, 98 SCHEDULE FIRST, forms, 460-7 SECOND, list of enactments repealed, 468 SEAL of notary not required on protest, 304 not necessary on bill or note, 437 SECURITY, protest for better, 301 on getting duplicate of lost bill, 374 demand note may be a continuing, 424 SEPARATE ESTATE, bill of married woman who has, 128 SET, BILL IN A, generally in three parts, 377 if holder indorses different parts, 377 SET-OFF, included in "action," 23 defined, 23 subject of provincial legislation, 23 compared with compensation in Quebec, 23, 339 whether equity attaching to a bill, 339, 340 difference between Quebec and other provinces, 339-40 SIGHT, at or after, bill payable, at sight in England equivalent to demand, 80-1 Canada has days of grace, 81, 83, 96 a determinable future time, 33, 41, 82 Amending Act of 1891 as to, 83, 86, 107, 243, 450, 451 when time begins to run, 93-4 dishonored and subsequently accepted, 106-7 presentment necessary to fix maturity, 240 must be presented or negotiated in reasonable time, 243 SIGNATURE, of drawer necessary to a bill, 33, 39 may be in pencil, 39 with a cross or mark, 40, 473 by initials, assumed name, etc., 40, 138, 141 on any part of bill. 41 of drawer, sufficient acceptance, 102 usually across face of bill, 103 where his name is mis-spelt, 105 of acceptor may be on bill before that of drawer, 106 on blank paper converted into bill, 114 used for drawer, acceptor or indorser, 114 essential to liability on bill, 138 may be a trade or assumed name, 138, 141 of firm name, same as of all partners, 138, 142 of agent as regards principal, 138 forged or unauthorized, is inoperative, 145, 147 forged, cannot be ratified, 148-150 by procuration notice of limited authority, 153 SIGNATURE-Continued. rule of construction as to principal and agent, 159 of an agent for his principal, 160 of each party to bill presumed for value, 198 of indorser operates as negotiation, 211 indorsement by one's proper, 215 to notice of dishonor not necessary, 278 erasing, a material alteration, 364 of acceptor for honor, 368 of maker to promissory note, 413, 414 of several makers to a note, 423, 4'4 not necessarily by party's own hand, 435 sufficient if by or under his authority, 435 seal of a corporation is sufficient, 437 SIMPLE CONTRACT, defined, 168 consideration for, valuable consideration for bill, 166 SPECIAL CROSSING of cheque defined, 407-8 drawer may make or unmake, 408-9 bank may make, 408 to one bank only, 409 SPECIAL INDORSEMENT, defined, 217, 219 indorsee under, similar to payee, 220 blank indorsement may be converted into, 220-1 SPECIFIED EVENT, certain to happen, bill payable on or after, 83 at a determinable future time, 83-4 SPECIFIED PERSON, bill is payable to, or to order of, 33 such person is called the payee, 45 bill to, and not to order of, is negotiable, 73, 74 note is payable to, or to order of, 413, 415 SPECIFIED PLACE, acceptance to pay at, is not qualifiel, 109 presentment for payment must be at, 258-9, 427, 430 maker of note not discharged by omission to present at, 427 STAMPS, cases relating to, not cited, iv. in England, may check improper filling up, 115 want of foreign, will not invalidate bill in Canada, 382 contract not binding under, 174 STATUTE OF LIMITATIONS-See Limitations STATUTES CITED, IMPERIAL: 21 Jac. 1, c. 16, p. 234 29 Car. 2, c. 7, p. 89 9 Wm. 3, c. 17, p. 374 3 & 4 Anne, c. 9. pp. 12, 16, 95, 102, 342, 374 14 Geo. 3, c. 83, p. 8 15 Geo. 3, c. 51, p. 10, 51, 446. 17 Geo. 3, c. 30, pp. 10, 446 1 & 2 Geo. 4, c. 78, pp. 104, 110, 19 & 20 Vict. c. 97, pp. 103, 104 24 & 25, Vict. c. 98, p. 409 B. N. A. Act, 1867, pp. 1, 23, 124, 381 34 & 35 Vict. c. 74, p. 81 39 & 40 Vict. c. 81, p. 407 41 & 42 Vict. c. 13, p. 103 45 & 46 Vict. c. 61, Bills of Exchange Act, 1882, pp. 3, 21, 65, 73, 80, 147, and under the various sections of DOMINION: 35 Vict. c. 10, p. 95 47 Vict. c. 38, p. 204 49 Vict. c. 25, pp. 17, 18 51 Vict. c. 33, p. 17 53 Vict. c. 17, p. 1 53 Vict. c. 31, pp. 25, 26, 45, 75, 126, 202, 395, 415, 418, 446 53 Vict. c. 32, pp. 25, 126, 395 53 Vict. c. 34, pp. 75, 202 54 & 55 Vict. c. 17, pp. 6, 81, 83, 86, 107, 146-7, 243, 249. 301, 449 R. S. C. c. 1, pp. 17, 27, 30, 36, 39, 45, 138, 212, 443, 447 30, p. 31, pp. 42, 418 35, p. 290 50, pp. 18, 128 118, pp. 41, 45, 132 119, pp. 41, 45, 132, 167, 457 |