REVISED STATUTES OF NOVA SCOTIA.

THIRD SERIES.-CHAPTER 82.

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(Repealed September 1st, 1890, by the Bills of Exchange Act, s. 95).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. 2.

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same effect as section 3 above quoted, is placed in Schedule B of the Revised Statutes of Canada (see p. 2366), and is repealed by the second Schedule to the present Act.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).

REVISED STATUTES OF NEW
BRUNSWICK (1854).
CHAPTER 116.

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 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.

INDEX.

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,

241-2

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

ACCEPTANCE-Continued.

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

place of payment, named in, 307

alteration in, material, 361

ACCEPTANCE FOR HONOR, 366

holder need not allow, 366
is conditional, 367

may be for part only, 367

must be in writing and signed, 368
form of, 368

for whose honor, 368

how maturity reckoned, 368
what it involves, 369

effect of omission of, 270

as to holder in due course, 272
rules as to, 273

by holder or indorser, 273
by agent, 274

if bill not presented there, 307

to whom acceptor liable, 369
estoppels of acceptor, 370

benefits other parties, 275
in written or verbally, 276
by return of bill, 278

if writing is irregular, 278
to party himself or to agent

ACCEPTOR, drawee by accepting becomes, 39, 99
of overdue bill, liable on demand, 82

may sign as, on blank paper or incomplete bill, 114
contract of, incomplete until delivery or notice, 119
if bill not in hands of, delivery presumed, 121
only person signing as, liable as, 138
when not personally liable, 159
accepting as officer of a corporation, 159

in other representative capacities, 164
when holder deemed holder for value as against, 179
when bill may be re-issued by, 231

protest not necessary, as against, 308
bill to be delivered to, on payment, 309

when liable without presentment for payment, 306
suspending payment, protest for better security, 301
undertakes to pay bill, 312

estoppel of, as to drawer, 313

where drawer is payee, 314
as to payee, 67, 315

bill discharged on payment by, 332
liable to drawer or indorser, 349

becoming holder at or after maturity discharges bill, 352
holder may renounce as to, in writing, or by surrender of bill, 353
of bill in set not getting part accepted, liable to holder, 378

ACCEPTOR FOR HONOR, who may become, 366

must sign as such, 368

engages to pay bill conditionally, 369

to whom liable, 369

presentment for payment to, 370

time for presentment for payment to, 370

if bill dishonored by, must be protested, 371

ACCESSORY TO BILL discounted, collateral security is, 182, 420
ACCOMMODATION BILL, defined, 183, 184, 185

when deemed to be issued, 184

when drawer or indorser of, not entitled to notice of dishonor, 266,

267, 294, 295

discharged when paid by party accommodated, 351-2

ACCOMMODATION PARTY, defined, 183

liable to holder for value, 184-6

rights of, 185

paying bill, discharges it, 351-2