AGREEMENT—(continued).

not to sue acceptor made after notice of non payment, but without
consideration, will not discharge other parties to the bill, 379.
an agreement not to put a bill or note in suit till a certain act is done,
will not excuse the omission of notice of non-payment, 395.

an agreement to consider bankers' cash notes as cash, makes the value
recoverable as such, 424.

instrument acknowledging the receipt of a draft for payment of money,
and promising to pay it, is a special agreement, 429.

by a party, not the drawee, to pay a bill, when binding, 252 to 254.
ALIEN ENEMY.

any contract made with during war in general, bad, 18, n. 1. 95.
but a bill drawn by British prisoners in France during war, and in-
dorsed to an alien enemy, may be sued upon by him on return of
an alien enemy may be an agent, 30.
[peace, 18.

ALTERATION

Of a bill, its effect, 130 to 136, 251.

of the date invalidates bill, even in hands of innocent holder, 77.
of a material part, how far invalidates same, 130.

of the date after acceptance or indorsement without consent, makes
bill void, 130.

when made with a fraudulent intent it is forgery, 130.
otherwise if it is made in an immaterial part, 131.

in such case no new stamp necessary, 131.

by inserting the words "or order," not material, 132.

the consideration after negotiation, is material, 135.
by turning a note into a bill, when not material, 132.

by drawer after acceptance, making bill payable at another place
than the one mentioned by acceptor, and without his consent is
material, 133.

material even with consent of parties, if made after once per-
fected, 133.

material even if not negotiated, and sometimes considered as a
fresh drawing, 133.

by drawer, even with acceptor's consent, and before negotiation,
makes bill bad, 134.

same with regard to payee, with like consent, 134.

same after drawing, indorsing, and before acceptance, 134.

by adding another name is material, 135.
unless done by indorsement, 135.

[135.

by post dating is material, if done with consent after negotiation,
by lengthening time of payment whilst in hands of drawce by
drawer's consent is not material, 136.

as to time of payment upon presentment for acceptance, how far
vacates same, 136.

alterations and erasures presumption of fraud, 136.

in an action on a bill, &c. if proved evidence of consideration not
admissible, 467.-(See " Declaration.")

maker of a note a competent witness to prove alteration as against
indorser, 528.-(See " Witness.")

Of an acceptance, its effect, 251, 2.-(See "Acceptor,” “Acceptance.”)

ANNUITY,

where an annuity is granted in consideration of a bill accepted, but
which was dishonoured and paid by drawer, such annuity is not va-
cated, 139.

check must be described as such in an annuity transaction,

so must a banker's cash note, 424.

not so with Bank notes, 425.

412.

APPENDIX. (See " Precedents," " Notary's Fees," "Statutes," and
"Bankruptcy.")

APPLICATION FOR TIME,

in an action by indorsee against acceptor, is a waiver of proof of all
indorsements except the first, 462.

APPRENTICE FEE,

when no action will lie on a note given for, if indenture void, 103.
ARREST.-(See "Affidavit.")

if a contract is made in a country where an arrest is not allowed, when
no arrest permitted in England, 121.

may be made twice on the same writ, if party on first arrest give a draft
in payment which is dishonoured, 298, 9, 124, 5.

being made on a party to a dishonoured bill, a promise then made by
him to pay it, how far it prejudices, 308.

payment of a bill made on arrest, and after a secret act of bankruptcy,
when valid, 362.

otherwise if made by way of fraudulent preference, 362.

after a tender of Bank notes, the party cannot be arrested, 426.

the drawer of a bill who has taken it up, may arrest the bankrupt ac-
ceptor, who has not certificate, though a previous holder proved
under commission, 439.

cannot be made till affidavit of cause of action filed, 446.—(See “ Affi-
davit.")

in order to arrest in trover for a bill, affidavit should state that bill is
not paid, and value of it, 448.

of the arrest in general, 448 to 449.

a married woman is arrested as the acceptor of a bill by indorsee,
court will not order bail bond to be cancelled, even though the
drawer knew that fact, 448, 9.

and where a woman is arrested as drawer, she will not be discharged on
the affidavit of a third person of her coverture, 449.

in all cases where a feme covert is arrested, the affidavit must be sworn
by herself, 449.

ARREST OF JUDGMENT.-(See "Judgment.")

ASSETS. (See "Executor," "Bona Notabilia.")

ASSIGNEE. (See titles "Holder," "Indorsee,” “Bankrupt.")
of a bond or chose in action cannot sue in his own name, 6.
otherwise if the assignee of the King, 9.

of the King cannot assign a chose in action so as to vest legal interest
in second assignee, 9.

assignment by parol vests equitable interest in 6.

of a bankrupt refusing to give a check, the Chancellor has ordered
money to be paid to the check of his two co-assignees, 116.

of a bankrupt when must indorse his bill, &c. 149.-(See "Bank-
rupt.")

of a bankrupt cannot indorse an accommodation bill, 149.

all the effects of bankrupt in which he is beneficially interested vest in
him, 149.

but none in which he is not beneficially interested, 151.

of a bankrupt has no power to transfer bills, &c. till after the suing
forth of commission, 152.

if a note be given to an uncertificated bankrupt after issuing of com-
mission, it vests in him, 158.

of a banker, who is a bankrupt, has no right to bills deposited with
him as an agent, 158, 9, 176.-(See" Banker," "Bankruptcy.")
but if he has discounted any of them, the rule is otherwise, 158.

ASSIGNEE (continued).

of a bankrupt who is drawer of a bill, notice of dishonour may be given
to, 277, 295.

of a bill, &c. by mere delivery may sue all parties to it, 439.

but he cannot sue any whose names are not on it, except only him from
whom he received it, 440.—(See " Action.")

66

what evidence necessary to establish a set-off against assignees of bank-
rupt, 509. (See "Set-off," "Evidence.")

ASSIGNMENT-(See " Chose in Action,” “Indorsement.”)

by parol of chose in action, vests equitable interest, 9. n. 6.
bill of exchange may be absolutely transferred by, 6.
promissory note may be absolutely transferred by, 6. 17.
checks on bankers may be absolutely transferred by, 6. 17.
by a feme covert, when does not pass any interest, 25.

by a feme covert, when made with knowledge of her husband, court
will infer it was done by his authority, 26.

of a bill, &c. originally made for a legal consideration, will not in
general invalidate the same, though made for an illegal considera-

tion, 105.

East India bonds may pass by, 142.

but East India certificates cannot, 142.

ASSIGNOR (See " Indorser.")

of a bond, action must be in his name, 6.

release from, or set-off due from, to obligor, when a bar to action on
bond, 7.

of a bill by delivery, is not liable on it when his name is not on it, 187.
but he may be sued on the original contract, 187.

otherwise, if the bill be taken to run all risks, 188.
unless he knew that the bill was of no value, 189.

ASSUMPSIT (See " Action of Assumpsit.")

AT SIGHT (See " Sight.")

when bills payable at sight are payable, 344, 5.-(See “Computation of
Time," "Grace, Days of.")

opinion that three days grace are allowable upon, 345.

statute of limitations does not run on bills payable at, till after present-
ment made, 479.

in actions on bills payable at, evidence of time of acceptance must
be given, 490, 1.

ATTESTATION-(See " Witnesses," "Subscribing Witness.")

when attesting witness to bill or note must be subpoenaed, 485, 6, 7.
the like to an indorsement, 491.

ATTORNEY

does not lose his privilege from arrest, by being party to a bill of
exchange, 19.

when money should not be paid to, in discharge of a debt, 359.

notes given to a prisoner under lord's act, may be signed by the de-
taining creditor's attorney, 429.-(See " Prisoner.")

to prove payment of money into court to call the attorney who took it
out, is not sufficient, 487.

ATTORNEY, WARRANT OF,

in what case a warrant of attorney, given on a usurious transaction, is
valid, 1067.

may be vacated by a court of law, 143..

ATTORNEY, LETTER OR POWER OF,

gives an authority, general or limited, according to its terms, 32.
what words have been construed as carrying a limited authority. 32, 3.

AUTER DROIT,

agent may receive money due to principal in, 33.

no mutual credit in case of, 612.

AUTHORITY-(See " Agent," "Partner," " Factor.")
of an agent. (Sce “Agent.”)

of a partner. (See "Partner.")
of a factor. (See " Factor.")

how far authority of an agent extends, 31.
general, if he is a general agent, 31.

if not, circumscribed accordingly, 31.

general, what is, 32.

a person giving another a blank stamped piece of paper with his
name signed, gives a full authority to such person to insert
what sum he pleases, 32. 160.

letter of attorney gives an authority according to its wording, 32.
likewise power of attorney, 33.

special, is not necessary to constitute a power to draw, &c. bills in
name of a principal, 34.

as to implied authority, which is sometimes general and sometimes
limited, according to the acts, permitted to be done, 34.

usual employ, evidence of general authority, 34.

when a bill is indorsed by a married woman, with husband's knowledge,
it is implied, 26. 34.

if a party promise to pay, it is implied, 149.

holder of a bill may insist on the production of an agent's authority to
accept, 215.

once given, but afterwards revoked, to receive payment of a bill, how
far payment of it would be sufficient, 358.

mere production of a bill, &c. is sufficient to receive payment, 359.
if an agent of a firm draw a bill, and one of the partners accepts,
agent's authority need not be proved, 489. (See "Evidence,"
"Hand-writing.")

AVERMENT (See " Evidence," "Declaration.")

(514.

in declaration of defendant's breach of contract must be shewn, 463.
of bill payable on an event, averment that event has occurred must be
shewn, 463.

of note, payable on demand, advisable in one count at least to aver a
demand, 463.

in an action against acceptor or maker of a note, no averment of pre-
sentment for payment necessary, 459. 463. 514.

and it need not be proved unless stated, 459, 463, 513, 14.

and the common breach at the end of money counts suffices, 463.
and unless the body of the bill or note state a place of payment, no
averment of presentment there necessary, though bill accepted pay-
able at a bankers, 321 to 332. 463.

when an averment is made in an action against acceptor, what is suf-
ficient, 464.

but advisable in one count to aver such presentment, 463.

the same in case of memorandum at foot of note, 463.

but in all cases when a place is named in the body of a bill or note,
averment of presentment, or some excuse for not doing so absolutely
necessary, 331. 463, 4. 514.-(Sec "Evidence.")

what allegations as an excuse have been deemed insufficient, 464
when such presentment averred, what is sufficient, 461.

AVERMENT (continued).

when bill accepted, payable by certain persons, at a place certain, a
general averment of such presentment to those persons when suing
drawer, is good, 464.

of notice of non-payment at a particular place unnecessary, 323, 4.464.
but when drawer of a bill, or indorser of a note, is sued, averment of
presentment must be made, 464.

or some excuse for not doing so, 464, 5.

[(See " Absconding.”)
when drawee or maker have absconded, what averment is sufficient, 465.
when removed, 464.-(See " Removal.")

66

when bill, payable at a bankers or particular place, presentment there
must be averred in such action, 465.

and in such action it must be alledged that notice of dishonour was
duly given, 465.

or else some legal excuse for not doing so, 465.

and omission of this averment fatal, even after verdict, 465.

in case of a foreign bill a protest must be stated, or bad on special
demurrer, 465.

what allegation of protestation bad, 465.

when proceeding for interest against drawer or indorser, a protest must
be averred in case of an inland bill. 465.

in case of a conditional acceptance, averment necessary, 514.

it must also be proved, 514.-(Sce“ Evidence.")

in an action against drawer, or indorser of a foreign bill, protest must
be averred and proved, 465. 517.

BAIL,

a bill may be paid by the bail of either party to it, 357.

but the bail of the maker of a note who have paid it, cannot sue
indorser, 441.

indorser may be bail for drawer, 449.

if a party be bail in separate actions on same bill, it suffices to swear
he is worth double the amount in one action, 449.

the requisites of the affidavit to hold to bail, 446 to 448.—(Sce
"Affidavit.")

in action of debt on a bill, but not on a note, when bail necessary
after judgment by default, 545.

BANKERS (See "Commission," "Bankers Cash Notes.")

originally goldsmiths, 423.

[108.

may take 5 per cent. discount, and a reasonable sum for commission,
what commission they may take, 109, 110.—(See " Commission.”)
when may charge interest upon interest, 110.

when may make usual rests in their accounts, so as to charge interest
on prior interest, 110.

what stipulation by a, does not amount to usury, 161.-(See "Usury.")
may charge commission for paying and accepting bills, 114.
where such a charge would be deemed usury, 114.

may transfer bills indorsed in blank to him, 146.-(See "Indorsement.")
consequences of his fraudulently pledging or transferring bills, 145, 6, 7.
indictable for misapplying the bills of their customers by statute, 147.
bills, &c. deposited with a banker as agent, do not vest in his assignees,
should he become a bankrupt, 158. 176. 619, 20.

otherwise if he has discounted any of them, 158. 623.

if a banker fail an executor or agent, when not liable for testator's
money placed there, 37. 159.

paying a check before it bears date, which had been lost by payee, is
liable to repay same to loser, 192.

liable to an action of trover if he discount a bill drawn on a customer,

after notice that it was lost, 192.

the private mark on a bill by a banker, as between himself and another
banker, may be an acceptance, 226.