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C. C. P. 251 and in such latter case, his answers may be used as a commencement of proof in writing. The default by a party to tender his own evidence cannot be construed against him.

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ARTICLES 887-899 a-By these articles of the Code of Civil Procedure, as amended by R. S. Q. Art. 5977; 52 Vict. c. 52, s. 1; 53 Vict. c. 61, s-s. 2, 3; and 54 Vict. c. 41, s. 4, actions founded on bills of exchange, notes to order or bearer, cheques or orders for payment, and bons or acknowledgement of debt, are included among summary matters." In these actions a defendant may be summoned to appear in five days instead of ten; he must appear on the day named, and file his plea within two days. Two days are allowed to answer it, and one day for a replication to the answer if necessary. It may then be inscribed for proof for any subsequent day, and for hearing when the proof is closed. If inscribed for proof and hearing at the same time, five days' notice are required. Execution may issue eight days after judgment.


1. In summary matters, default to appear is recorded, not at noon, but only after the close of the day of the return of the writ: Desjardins v. Pauze, 11 L. N. 346 (1888).

2. By Art. 897 a, as amended by 53 Vict. c. 61, s. 2, a notice of five clear days to the adverse party is required of an inscription for proof and for hearing immediately after proof in contested cases, in summary matiers: Couray v. Mount, M. L. R. 7 S. C. 143 (1891).

3, Such inscription and notice must not only be served, but filed in the prothonotary's office five clear days. A note for June 4th given May 29th, but only filed June 1st, is insufficient: Bleau v. Brissette, M. L. R. 7 S. C. 206 (1891).



2. A promissory note shall be assignable or endorsable in the same manner as an inland bill of exchange, and the payee or indorsee thereof, or the holder, where the note is payable to bearer, may bring an action thereon in his own name.

(Repealed September 1st, 1890, by the Bills of Exchange Act, s. 95).

3. A note in writing for a sum certain payable otherwise than in money shall be held prima facie to be given for a valuable consideration, but shall not be negotiable. The amount of such note shall be sued for and recovered as if the amount thereof were payable unconditionally in money.

4. In an action brought upon such note, only the amount payable thereunder shall be recoverable, without damages, for the non-delivery of the articles ennumerated therein.

(In the Revised Statutes of Nova Scotia, Fourth Series, 1873, the whole of chapter 82 is placed in Appendix B, as unrepealed legislation, wholly or partially within the jurisdiction of the Parliament of Canada, or of doubtful jurisdiction. In the Fifth Series, 1884, it is omitted as being exclusively within the jurisdiction of the Parliament of Canada.

In the Revised Statutes of Canada, 1887, Appendix 1, page 2342, section 2 is placed in Schedules B, as one of the Acts not consolidated. Sections 3 and 4 are omitted as being within provincial jurisdiction, and are not referred to in the present Act. On the other hand, section 1 of 30 Vict. c. 34 of the Statutes of New Brunswick, and copied


R.S., N.S.4. on the next page, which is to the same effect as section 3

above quoted, is placed in Schedule B of the Revised Statutes of Canada (see p. 2366), and is repealed by the second Schedule to the present Act.

These notes which are not payable in money, are not really promissory notes within the meaning of the B. N. A. Act, section 91, and the Nova Scotia Legislature would appear to be in error in treating these two sections as being under Dominion jurisdiction, and the Dominion Parliament in error in purporting to deal with the New Brunswick Statute. It seems strange that the Dominion Parliament should have treated the two statutes in a different way).



2. A note in writing for money, payable to order or bearer, shall be assignable and endorsable in the same manner as an inland bill of exchange is by the custom of merchants; and the payee, endorsee, or holder thereof may maintain an action thereon in his own name.

New Brunswick Statutes, 1867, 30 Vict. c. 34 :—

1. That all notes, drafts or orders in writing for a sum certain payable otherwise than in money, shall be deemed and held prima facie to import that they are given for a valuable consideration in like manner as promissory notes for the payment of money.

(These two sections were repealed September 1st, 1890, by the Bills of Exchange Act, s. 95. As to the effect of the repeal of the latter, see the note on the preceding page.


ABBREVIATIONS, list of, xli.
ACCEPTANCE, defined, 22, 99

where bill or acceptance is undated, 85, 87

by officer of corporation, 100-2

conditions of, valid-in writing, for money, 102

when date of, may be inserted, 85

by parol, 102-4

promise to accept, 104

where wrong name for drawee is in bill, 105

where bill is incomplete or overdue, 106

by drawee after dishonor, 106

may be general or qualified, 107

what is general, 108

qualified, may be conditional, partial, etc.. 109

at particular place, not qualified as in England, 109

conditional, 112

partial, 109, 113

qualified as to time, 109, 114

by part of drawees only, 109, 114

list of qualified, not exhaustive, 114

incomplete until delivery or notice, 119

bill payable at or after sight, presentment for, necessary, 240
when presentment for, necessary before presentment for payment,


presentment for, excused if time is too short, 242

holder must present for, if bill at or after sight, 243

effect of not presenting for, in reasonable time, 244

rules as to presentment for, 246

mode of presentment for, 247


presentment for, where drawees not partners, 247

drawee dead, 248

through post-office, 248

excuses for non-presentment for, 249

presentment for, excused where drawee dead or fictitious, 249

impossible, 249

irregularity waived, 249

not excused, because dishonor expected, 250

two days allowed drawee to decide on, 250

holding bill beyond two days, not, 251

when bill is dishonored by non-acceptance, 251

presentment for payment then unnecessary, 251

holder may refuse qualified, 253

if qualified, taken without assent, parties released, 253
what is assent to qualified, 254

notice of dishonor by non-acceptance must be given, 270

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