RE-OPENED, how crossed cheque may be, 409
REPEALED, Acts in second Schedule, 445, 468

proviso as to acquired rights, etc, 445
Bank Act not to be affected, 446

certain Imperial Acts not to apply to Canada, 446
all prior Dominion and Provincial Acts, 18

REPRESENTATIVE CAPACITY, signing in, 159
when not personally liable, 159

executors, trustees, tutors, etc., 164-6

indorsement in, no personal liability, 211

RESTRICTIVE INDORSEMENT, defined, 222
compared with qualified acceptance, 222

examples of, 223

rights of indorsee under, 224

relation of indorser and indorsee under, 224

RETROSPECTIVE, the Act is not, 21, 73, 447

what statutes are, 448

section 8 of the Amending Act is, 19, 451
RETURN of bill sufficient notice of dishonor, 278

REVOCATION, of drawing, acceptance or indorsement, 119

right of, ended by delivery, 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SECOND, list of enactments repealed, 468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
of corporation sufficient signature, 437
not necessary on bill or note, 437
instrument under private, not a note, 438
SECURITY, protest for better, 301

on getting duplicate of lost bill, 374
on taking action on lost bill, 375
collateral, pledge of in note valid, 420
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
all parts of, constitute one bill, 377

if holder indorses different parts, 377
acceptance should be on only one part, 378
if more than one accepted, liable on each, 378
what is discharge of whole bill, 378

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
acceptance undated, holder may insert date, 85-6
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
unauthorized, may be ratified, 145

forged, cannot be ratified, 148-150

by procuration notice of limited authority, 153
when principal bound by agent's, 153-9
with ad led word, effect of, 159

SIGNATURE-Continued.

rule of construction as to principal and agent, 159

of officers for a company, 160

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
of notary necessary to protest, 303

cancellation of, by holder discharges party, 359

mistake, 360

erasing, a material alteration, 364
of acceptor for honor, 368

of maker to promissory note, 413, 414
of several makers to a note, 423, 44
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
holder cannot strike out, in his chain of title, 221

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 qualified, 109

"and not elsewhere" not necessary, 110-112

presentment for payment must be at, 258-9, 427, 430
acceptor not discharged by omission to present at, 307
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
STATUTE OF FRAUDS, guarantee on a note, 169

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
the Canadian Act.

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, 448, 447

30, p. 42

31, pp. 42, 418

35,

p. 290

50, pp. 18, 128

118, pp. 41, 45, 132

119, pp. 41, 45, 132, 167, 457

DOMINION-Continue.l.

123, pp. 1, 90, 103, 110, 202, 204, 282, 285, 290, 302, 304,
306, 327, 441, 442, 443, 444, 447, 468, 474

127, pp. 75, 202, 203, 325

164, p. 39

165, pp. 148, 407, 409

UPPER CANADA OR ONTARIO: 32 Geo. 3, c. 1, pp. 10, 447

51 Geo. 3, c. 9, P 10

2 Geo. 4, c. 12, p. 10

5 Wm. 4, c. 1, p. 10

7 Wm. 4, c. 5, pp. 10, 52, 103, 110

12 Vict. c. 76, pp. 10, 207

13 & 14 Vict. c. 23, p. 9

INDEX.

C. S. C. c. 57, pp. 392, 444

C. S. U. C. c. 42, pp. 53, 110, 447, 479

R. S. O. c. 44, pp. 325, 354

60, p. 342
61, P.
444

122, pp. 70, 457

123, pp. 127, 342

132, p. 128

153, p. 439

156, pp. 46, 133
157, pp. 46, 133

184, p. 455

203,

p.

89

LOWER CANADA OR QUEBEC: 17, Geo. 3, c. 2, pp. 8, 219

25 Geo. 3, c. 2, p. 8

12 Vict. c. 22, pp. 9, 19, 110, 219

13 & 14 Vict. c. 23, pp. 9, 110

54 Vict. c 35, p. 415

C. S. C. c. 57, p. 392

C. S. L. C. c. 64, pp. 304, 439, 443, 483

R. S. Q. Arts 3498, p. 89

3601-3957, p. 439

4629-30, p. 455
4689-4746, pp. 46, 133

See Civil Code-Code of Civil Procedure

561

NOVA SCOTIA : 8 Geo. 3, c. 2, p. 12

1 & 2 Geo. 4, c. 5, p. 12
28 Vict. c. 10, p. 103

M'CL.B.E.A.-36