Bill extinguished by payment, iv, 18
transferred for part of sum due, iv, 18
payable to bearer circulates as money, iv, 13
given for immediate consideration, v, 2
given in satisfaction of a debt, v, 2
given for debt secured by deed, v, 6
action upon lost, v, 4; xxi, 3
addressed to two not partners, viii, 2
given in renewal, dishonor of, v, 6
under £5, iv, 19

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under 20 shillings, xx, 6

drawn in a fictitious name, vi, 10
payable to bearer, payment of, x, 6
or note handed over on payment, ix, 2

on demand, or at sight, presentment of, ix, 4
on demand, caution in taking, x, 11

without time named, payable on demand, ix, 11
to bearer paid and lost, x, 10

accommodation, discharge of, x, 9

cancelled by holder, x, 14

may be paid several times before due, x, 10
negotiable till paid by acceptor, iv, 18
remedy on, when extinguished, xii

for less sum may satisfy greater, xii, 4
or n. of one, satisfaction of joint debt, xii, 4
forgery of, xvii

must be payable at fixed time or on certain event, xx, 8
in whose favour it may be drawn, xx, 16

payable to person without " or order," xx, 19

payable by instalments, xx, 20

antedated or post-dated, xx, 24

with time of payment omitted, xx, 11

where words and figures differ, xx, 10

though defective, may be agreement, xx, 13
inland, what, xx, 15

prohibiting transfer, xx, 19

when payable at fixed time, xx, 22

drawn, indorsed or accepted in blank, xx, 27
drawn in a set, xx, 32

33 see Accommodation

Bills, forms of, xx, 14, and passim and Appendix

of Joint Stock Company, ii, 2, and Appendix
of corporations in general, ii, 2

Blank stamp, signature on, xx, 27

Burden of proof shifted on proof of fraud, &c., iv, 5
Cancellation of signature by holder, x, 14

of B. or n. by holder, x, 14

by mistake, x, 14

of adhesive stamp, xxii, 14

Case of need, referee in, vi, 8; xx, 25

Cheque, nature of and parties to, xxii, 1
subject to rules concerning bills, xxii, 1
under twenty shillings, when valid, xxii, 2
forgery of, xvii, 2, 3

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crossing of, xx, 11

obliteration of crossing of, xvii, 4
banker's obligation to honor, xxii, 3
presentment of, xxii, 4

when a payment, xxii, 5

payment of B. by, xxii, 7

possession of, no proof of debt, xxii, 6
forged, paid by banker, xxii, 8

drawn by partner, xxii, 12

with forged indorsement, xxii, 8

protection against stealing, xxii, 11

found or stolen, xxii, 12

who may cross, xxii, 13

crossed specially to more than one banker, xxii, 13 stamp on, xxii, 14

see Crossing

Christmas Day, ix, 12

Collateral security by giving B. or n. v, 6 Companies, joint-stock, B. by, ii, 2, and Appendix non-trading, ii, 2

may sign by their seal, Appendix

Composition taken from acceptor or maker, xiii, 7
Condition be annexed to B., xx, 9

may

may not be annexed to n., xx, 9

Consideration, what, iii, 1

illegal, iii, 1

absence of, when a defence, iii, 1
presumption of, for B. and n., iii, 1
what amounts to, iii, 6

risk run may be, iii, 6

debt of third party may be, iii, 6
judgment debt may be, iii, 6
fluctuating balance may be, iii, 6
pre-existing debt may be, iii, 6
entire failure of, iii, 7
in part fraudulent, iii, 7
defence for want of, iii, 10

Contract, who capable of making, ii, 1

see Illegality, Corporation

Contracts with public enemy, iii, 9

Corporation when bound by its B. or n. ii, 2, and Appendix may sign by its seal, Appendix

Creditor taking infant's acceptance, ii, 5

taking B. for debt, v, 1

Creditor's remedy on B. and on consideration, v, 1
Crossing cheques, object of, xxii, 11

Crossing general and special, xxii, 11 with "not negotiable," xxii, 12 what constitutes a, xxii, 13 material part of cheque, xxii, 13 obliteration of, xxii, 13

Date of acceptance of B. "after sight," vi, 5 of place on B., xx,_7

of time omitted on B., xx, 7 of acceptance omitted, xx, 23 presumed correct, xx, 24 put back or forward, xx, 24 Days of grace, ix, 12

Death of transferor, iv, 8

99

of drawee before acceptance, viii, 2
of acceptor before payment, ix, 9

Debt, remedy for, suspended by taking B., v, 1
satisfaction of, by B., v, 2
pre-existing, B. given for, v, 2
,, discharged by loss of B., v, 4

secured by deed, B given for, v, 6 due on B. or n., satisfaction of, xii Debts, what, may be set off, xix

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Delivery, transfer by, iv, 3, 4

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of B. for value without indorsement, iv, 8
must accompany acceptance, vi, 7

must accompany indorsement, iv, 4

presumed in favor of holder in due course, vi, 7 of B., &c., procured by fraudulent violence, xvii, 5 of B., &c., obtained by false pretences, xvii, 6 Destruction of B. procured by fraudulent violence, xvii, 5 Discharge of B. or n., x

of debt by negligence of creditor, v, 1

of debt by loss of B., v, 4

of prior parties by holder taking qualified acceptance, vi, 4

of party by holder renouncing claim, vi, 11

of other parties by failure to present for payment, ix, 3

of accommodation B., x, 9

of all parties by discharge of acceptor or maker,
xii, 7

by judgment against one of two acceptors, xii, 7
by acceptor becoming holder after maturity, xii, 2
of B. or n. by taking co-extensive security by deed,
xii, 5

of sureties by releasing principal from arrest, xii, 8
see Payment

Dishonor of B., what is, i, 1

Dishonor of B., measure of, damages for, vii, 5 when presentment excused, viii, 4

Disqualifications from contracting, ii, 2
Dissolution, see Partner

"Drawee," meaning of, i, 1

supposed to have funds of drawer in hand, i, 3 same person as drawer, iv, 2

incompetent to contract, vi, 6

bankrupt before acceptance, viii, 2
death of, before acceptance, viii, 2
what time allowed him to accept, viii, 4
must be named, xx, 17

Drawees, B. addressed to two, xx, 17

not to be successive or alternative, xx, 17 'Drawer," meaning of, i, 1

supposed to be creditor of drawee, i, 3
liable after indorsement, i, 4
transferring unaccepted draft, i, 4
of accommodation bill, iii, 2
may be payee, iv, 2

and drawee same person, iv, 2
what he is bound to, vii, 3
paying B., x, 7

bankrupt, xiv, 6

dead, xiv, 6

may draw so as to waive his rights, xx, 26

may negative his liability, xx, 26

Drawer's signature forged, vi, 10

signature necessary, xx, 13

Drunken persons, ii, 4

Exchange, bill of, see Bill

of one B. for another, iv, 11
of B. for goods, iv, 11

Exchequer bills, iv, 13

Extinguishment of debt due on B. or n., xii

of remedies on B. or n., xii

False pretence, what, xvii, 6

pretence, obtaining delivery, &c., of B. by, xvii, 6 "pretence, obtaining security by, xvii, 6 Finder of cheque, xxii, 12

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of bill, x, 10, 11

Forged indorsement, payment on, x, 4, 5

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indorsement, banker paying on, xxii, 8

Forgery, what, xvii

of bills and notes, xvii, 12

acts amounting to, xvii, 7

acts not amounting to, xvii, 8

of signature on B. or n., xx, 29

position of party paying on a, xvii, 9
of drawer's signature, vi, 10

Forgery of indorsement before acceptance, vi, 10
by obliteration of crossing, xvii, 4
under pretended procuration, xvii, 3
see Fraud

Forms, see Appendix

of bills and notes, xx Fraud, definition of, iii, 8

illustrations of, iii, 8
B. or n. obtained by, iii, 1
where plaintiff party to, iii, 5
repudiation of contract for, iii, 8
by compounding debtor, iii, 8

by debtor and creditor on surety, iii, 8
defences on ground of, iii, 5, 10

in procuring signature, &c., by violence, xvii, 5
in procuring signature, &c., by false pretence, xvii, 6

Good Friday, ix, 12

Guaranties, xiii, 5

Handwriting of drawer, acceptor bound to know, vi, 10
Holder of B., what, i, 1; of n., what, i, 2

for value of accommodation B., iii, 2
"in due course "defined, iii, 3

rights of innocent, iii

innocent may sue all parties, iv, 7; xiii, 7
has six years in which to sue, xiii, 4
taking qualified acceptance, vi, 4

renouncing claim on B., vi, 11; xii, 3
what he may recover on B., vii, 5; xx, 20
of B. filled up without authority, xx, 27

of cheque not presented in time, xxii, 4

of cheque wrongfully drawn by partner, xxii, 10-
of cheque "not negotiable,” xxii, 11, 13

of forged B. or n., xx, 29

of IOU, xxiv, 4

see Notice of Dishonor

Holder's authority to fill up incomplete B., xv, 1; xx, 23

right to sue after dishonor by non-acceptance, viii, 4 rights against acceptor for honor, xiii, 11

Honor, acceptance for, vi, 9

see Acceptance

Idiots, ii, 4

Illegal considerations, described and illustrated, iii, 9
Illegality, on proof of, burden of proof shifted, iii, 5

of renewal B., iii, 9

defences on ground of, iii, 10

India Bonds, iv, 13

Indorsee of B. or n., what, i, 1

of overdue B., iv, 16

Indorsement, blank or general, i, 3; iv, 3

special, iv, 4