A MANUAL FOR NOTARIES PUBLIC.

Published in the Bankers' Magazine, New York, 1853,

CONTENTS.

ON THE ORIGIN AND FUNCTIONS OF NOTARIES PUBLIC.

Foreign Laws regarding Bills of Exchange and Promissory Notes,

Requisites of Bills of Exchange,

Indorsement,

Presentation for Acceptance,

Of Acceptance,

Proceedings upon Non-acceptance,

Time of Payment,

Proceedings upon the Non-payment of Bills,

Notice of Non-payment,

Protest,

Re-exchange,

Of Acceptance and Payment Supra-protest,

Of Guaranty,

Of Promissory Notes,

Of Limitations of Actions,

Of Forged Bills,

Of Lost Bills,

CHAPTER I. THE LAW OF BILLS OF EXCHANGE AND PROMISSORY NOTES IN

CHAPTER II. REQUISITES OF BILLS OF EXCHANGE,

1 Form. 2. Negotiability. 3. Value Received. 4. Several Drawees. 5.

Words, "Put it to Account." 6. Statement of Advice. 7. Competency

and Capacity of Parties. 8. Partners. 9. Agents. 10. Payment

in Money. 11. Payable Absolutely.

CHAPTER III. PRESENTMENT OF BILLS FOR ACCEPTANCE,

1. Contract of the Holder. 2. When Necessary. 3. By whom to be Pre-

sented. 4. To whom to be Presented. 5. Time of Presentment. 6.

Place of Presentment.

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CHAPTER IV. ACCEPTANCE OF BILLS,

1. Law of New York. 2. Nature of an Acceptance. 3. The Law of Eng-

land. 4. Promise to accept a Non-existing Bill. 5. Detention or loss

of a Bill. 6. American Doctrine. 7. Acceptance of a Non-existing Bill.

8. Erasure of the Acceptance. 9. Form of Acceptance in Particular

Cases 10. Qualified and Conditional Acceptance. 11. Acceptance Su-

pra-protest. 12. Form of an Act of Honor. 13. Duty of the Holder.

14. Effect of a General Acceptance Supra-protest. 15. Obligations

of an Acceptor Supra-protest. 16. Duty of the Holder. 17. Protest for

Better Security. 18. Forgery of Signatures.

CHAPTER V. PROMISSORY NOTES,

1. Form and Parties. 2. The Requisites of Notes. 3. For the payment

of Money. 4. For a Fixed Sum, Unconditional. 5. Payable at a Fixed

Time. C. Payable by and to Persons Certain. 7. Payable to Bearer

or a Fictitious Person. 8. A Note without a Date. 9. Notes of Execu-

tors. 10. Place where a Note is Made. 11. Memoranda on Notes.

12. Notes Signed by a MARK. 13. Witnessed Notes. 14. Joint and

Several Notes.

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CHAPTER VI. PRESENTMENT OF BILLS OF EXCHANGE AND PROMISSORY

NOTES FOR PAYMENT,

1. When to be Made. 2. Time of Maturity. 3. Days of Grace. 4. Present-
ment as to Time of Day. 5. Place of Presentment for Payment. 6.
When Demand at a Particular Place is Required. 7. Notes Payable at
Bank. 8. To whom Presentment is to be Made. 9. Bills and Notes

Payable on Demand.

CHAPTER VII. PROCEEDINGS ON NON-ACCEPTANCE OF BILLS AND NON-PAY-

MENT OF BILLS AND NOTES, .

1 Protest. 2. Manner of Protesting. 3. English form of Protest. 4. Ameri-
can form of Protest. 5. In Case of Non-payment. 6. The Law of the
Place of Contract Governs. 7. Notice to Parties. 8. Notice to Persons
Living in the Same Town. 9. American Rule. 10. Notice Where Parties
do not Live in the Same Town. 11. To Whom and Where Notice Must be
Sent. 12. Decisions in New York. 13. Notice to and by an Agent, and
his Responsibility. 14. Notice in Case of Guaranty. 15. Form of Notice.
16. Form of Notice of Non-acceptance of a Bill of Exchange. 17. Form
of Notice of Non-payment. 18. Waiver of Notice.

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CHAPTER VIII. GUARANTY OF BILLS OF EXCHANGE AND PROMISSORY NOTES, 98

1. Guaranty in General. 2. Guaranties in Blank. 3. Guaranty, when Nego-

tiable. 4. Discharge of a Guaranty.

CHAPTER IX. NOTES AND BILLS LOST OR DESTROYED.-FORGED INSTRU-

MENTS.-DAMAGES TO BE RECOVERED,

1. The Law of Maine. 2. New Hampshire. 3. Vermont. 4. Massachusetts.
5. Rhode Island. 6. Connecticut. 7. New York. 8. New Jersey. 9.
Pennsylvania. 10. Delaware. 11. Maryland. 12. Virginia. 13. North
Carolina. 14. South Carolina. 15. Georgia. 16. Alabama. 17. Arkan-
sas. 18. Florida. 19. Illinois. 20. Indiana. 21. Iowa. 22. Kentucky.
23. Louisiana, 24. Michigan. 25. Mississippi. 26. Missouri. 27. Olio.
28. Tennessee. 29. Texas. 30. Wisconsin. 31. California

CHAPTER X. CHECKS ON BANKS AND BANKERS,

1. What is a Check? 2. The Rights and Duties of the Holder of a Check.

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CHAPTER XI. FORMS OF PROTEST,

1. Protest of a Bill on Non-acceptance. 2. Protest of a Bill when the Drawee

has Neglected to Leave Orders with his Clerk. 3. When the Drawee's

Place of Business is Closed. 4. When the Drawee Cannot be Found.

5. Absence of the Original Bill. 6. Protest of a Bill on Non-payment.

7. When the House or Place of Payment is Closed. 8. Protest of a Bill

for Better Security. 9. Protest of a Bill Lost. 10. Protest of a Bill for

Want of Acceptance upon a Letter. 11. Protest where there is not any.

12. Act of Honor on Acceptance, Supra-Protest. 13. For the Honor of

the Drawer. 15. Act of Honor by a Firm or Agent. 15. For the Honor

of an Endorser. 16. For a Part of the Amount.

the Drawers and Indorsers. 18. Act of Honor on payment, Supra-Pro-

test. 19. Act of Honor on Payment Supra-protest by Third Persons.

20. Form of Protest used in the State of New-York.

17. For the Honor of

CHAPTER XII. STATUTE LAWS REGARDING BILLS OF EXCHANGE, PROMISSORY

NOTES AND NOTARIES PUBLIC,

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APPENDIX.

BY I. SMITH HOMANS.

TIME OF MATURITY OF NOTES AND BILLS-Usance-Computation of Time ac-
cording to Old Style-Bills and Notes payable by Instalments,

At what time a Bill or Note falls due, and at what time actions may be

brought thereon by the different parties,

OF EVIDENCE AND WITNESSES-When a Note is admissible in Evidence, and

what is Evidence-Signatures, when necessary to prove them, and how

proved-Of the Evidence to prove Presentment, Demand and Notice

-Of the Admissibility of Parol Evidence-Of Secondary Evidence—

Burden of Proof,

.

THE LAW OF BILLS OF EXCHANGE.-1 What is a Bill? 2. Bills and Notes Ac-

cepted and Made by Agents. 3. Time of Presentment. 4. Excuses for

Due Presentment. 5. Parol Acceptance. 6. Destruction of a Bill. 7.

Statutes as to Acceptance. 8. Acceptance of a Non-existing Bill. 9.

Erasure of an Acceptance. 10. Waiver of Acceptance. 11. Conditional

Acceptance. 12. Rights of an Acceptor, Supra-Protest. 13. What is

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a Promissory Note? 14. Notes Payable to a Fictitious Person. 15.

Where is the Place of Payment? 16. Bank Checks. 17. Days of

Grace on Sight Bills. 18. Circumstances to Excuse Presentment. 19.

Presentment-by whom to be made. 20. Mode of Presentment. 21.

Mode of Demand. 22. Exceptions to Demand. 23. Waiver of Pro-

test. 24. Protest of Foreign Bills. 25. Lex Loci. 26. Notice to En-

dorsers in the same Town. 27. When Notice is to be Given. 28. No-

tice to Non-Residents. 29. An Endorser Bound to Give Notice. 30.

Notice by Special Messenger. 31. Notice to Joint Endorsers. 32.

Death of Endorser. 33. Acceptor, Supra-Protest. 34. To what Place

should Notice be Sent. 35. Decisions in New-York. 36. Persons by

whom Notice is Given. 37. Notice to an Agent,

CHAPTER II.

169

38. The Liability of Agents. 39. Can a Demand be made Legally by a No-

tary's Clerk? 40. Form of Notice. 41. Use of Printed Signatures. 42.

Excuses for want of Presentment. 43. Waiver of Notice. 44. Guaranty

of Bills. 45. Lost Bills. 46. Forged Bills and Notes. 47. Days of

Grace on Checks,

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CHAPTER III. OF THE TRANSFER OF BILLS AND NOTES.

I. WHO MAY TRANSFER.-1. Transfers by Infants. 2. Transfers by Married

Women. 3. Transfers by Executors, Assignees, Trustees, Partners, &c.

II. TO WHOM THE Transfer may bE MADE.—Transfers to prior Endorsers.

III, MODES OF TRANSFER.-1. Transfers of Non-Negotiable Bills or Notes.

2. Transfers of Negotiable Bills or Notes. 3. Transfer of Bills, &c.,

Payable to a Fictitious Person. 4. Assignment of Negotiable Bills. 5.

Effect of Omission to Endorse. 6. Form of Endorsement. 7. Form of

Endorsement by Agent. 8. Kinds of Endorsement. 9. Blank Endorse-

ment. 10. Endorsements in full and partly in full. 11. Restrictive

Endorsements. 12. Qualified Endorsements. 13. Conditional Endorse-

ments.

IV. TIME OF TRANSFER.-1. Effect of Transfer before Maturity. 2. Endorse-

ments upon Blank Paper.

V. OBLIGATIONS OF ENDORSERS.-1. Obligations upon Transfer by Endorsement.

2. Obligations upon Transfer by Delivery. 3. Revocation of Endorse-

CHAPTER VI. RECENT STATUTES OF THE STATE OF NEW-YORK, RESPECTING

NOTARIES PUBLIC,

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