BILLS OF EXCIIANGE-(continued). The general requisites of a bill-(continued). though good on the face, yet if it appears by an indorsement on payable on an uncertain event is only a special agreement, and a written stipulation to renew on a separate paper, when will qua- the wish of payee to indulge maker expressed in a memorandum, but parol evidence of such wish is not admissible, 61. and written evidence of such wish will afford no defence, 61. but payable on an event that must happen, is good, 62. of public notoriety, good, 62. for instances and examples, 63. when a statement of a particular fund will not vitiate, 63. for instances and examples, 63, 4. [ceived") not bad if the consideration be inserted, 64.-(See “ Value Re- Their particular parts and requisites, 64 to 118. The form of a foreign bill, 66. inland bill, 66. Stamp duty on, 67 to 76.—(See " Stamp.") [in law, 72. cannot be stamped after drawn, but if they are, they are available Place where made, 76.—(See “ Place.”) [“Alteration.") [bill, 78. no necessity for the superscription of sum if it be stated in the if it be different in the body to that in the superscription, that in Time of payment, 78 to 80.-(For alteration in respect to, sec "Altera a French ordinance requires to state time of payment, 78. advisable however to do so, and usual to write in words, and some- time of payment may be at any length of time, 79. foreign and inland may be drawn, payable on demand, at sight, at usances, 79. intended to be payable on demand, drawn payable at sight, 79. Request to pay, 80. ought to be ordered, but a request is sufficient, 80. Of several parts, 80. if foreign and only drawn in one part, and that to it, drawce com- how a foreign bill ought to be drawn, 81. consequences of an omission to insert the usual proviso, 81. each of the parts must be stamped and delivered to payee, 81. [drawer, 82. To whom payable, 82 to 85.-(See " Bearer,"" Fictitious Person.") BILLS OF EXCHANGE-(continued). To whom payable-continued). otherwise in an action against acceptor, without express authority these bills forbidden in France, 83. when drawn in blank abroad, and filled up in England, no stamp mis-spelling the name may be rectified by parol evidence, 82. may be payable to one for the use of another, 85. may be payable to a feme covert, but it vests in husband, 85. the modes of making a bill transferrable, $6. sum payable, 86 to 87. (See ante, 376.) [87. how far a person who guarantees a bill for a given sum is liable, of the words" value received," 87 to 88.-(See "Value Received.") if given for spirits sold in less quantities than 20s. value, bad, 103. on an illegal consideration, and a third person get it, on a consideration illegal by statute in part or in whole, otherwise where it is not so expressly declared by stat. 105. 66 this direction is wholly unnecessary, 115. of the words as "per advice," 115. when these words are proper, and their effect on the payment, 115, direction to the drawee, 117.-(See " Drawee."). place of payment, 117, 321, 2, 3.-(See "Place.") How to be construed and given effect to, 118 to 122.-See" Construc- are to be more liberally construed than any other instrument, 1-19. the time of payment to be reckoned according to the laws of the the remedy in case of non-payment, &c. is according to law of when new cases arise on the construction, court will consult with BILLS OF EXCHANGE-(continued). Of the delivery of a bill to payee, and effect thereof, 122 to 130.-(See a delivery not essential to vest legal interest in, 122. to a creditor in discharge of a debt, precludes him from of the effect of taking a bill, 125. plaintiff must shew that he has used due diligence to obtain ac- it is conclusive evidence of the sum due, 125. it extinguishes prior debt so far that in an action on such debt but where such bill was given by the defendant, but who was no Of the effect of an alteration of a bill or note, 130 to 136. 251. (See Of the liability of the drawer, 136 to 139.—(See " Drawer.”) Of the transfer, indorsement, and delivery of bills, 140 to 189.—(See Of the loss of bills, 190 to 204. (See "Loss.") Of presentment for acceptance, 203 to 214.-(See " Presentment for Ac Of acceptance generally, 215 to 238.-(See "Acceptance.") Of the liability of acceptor, and his rights in certain cases, 239 to 252.— Of the liability of a party promising to pay a bill, 252 to 254.—(See Of indemnity of acceptor, 255 to 256.—(See“ Indemnity," "Accommo- Of non-acceptance and conduct thereon, 256 to 309.-(See " Notice of Of protest for better security, 309.-(See "Protest for better Security.") Of presentment for payment, 315 to 357.-(Sce" Presentment for Pay- Of payment, 357 to 370.-(See "Payment.") Of effect of giving time to and releasing acceptor, 371 to 380.—(Sce Of effect of indulgence to prior parties, 380 to 384.-(See “ Release,” Time," "Indulgence.") Of proving under a commission against an insolvent, and compounding with Of the receipt for payment, 387 to 389.-(See " Receipt.") Of effect of payment by mistake, 389 to 393.—(See “ Payment.”) Of non-payment, and conduct thereon, 393 to 408,-(See "Notice of Of payment supra protest, 408 to 410.-(See " Payment Supra Protest.") BILLS OF EXCHANGE-(continued). Of the affidavit to hold to bail, 446 to 448.-(See " Affidavit.") Of the bail, 449.~(See “ Bail.”) Of the declaration in general, 449 to 471.-(See " Declaration.”) Of the count stating bill and the venue, 450 to 452.-(See " Ve- Of the statement of bill and misnomer, 452 to 457.-(See "De- How defendant became party, 457 to 460.-(Sce" Declaration.”) Of the counts on the consideration and common counts, 466 to Of judgment by default, 473.-(See "Judgment.") Of reference to master to compute, 474 to 477-(See "Judgment.") BILL IN EQUITY-(Sce" Court of Equity.") to restrain negociation of a bill, &c. 143, 4. the answer of one partner to a, is evidence of against the others, 490. BLANK BILLS. drawer's name signed abroad to a blank paper filled up in England, bill drawn abroad, with blank for payce's name, and filled up in Eng- drawer's signing his name to blank stamp liable, 32, 114, 138. the like as to an indorser, 160. BONA NOTABILIA. bill of exchange is so where debtor dies, 2. 450. BOND, bona notabilia, where it happens to be, 2. capable of being a donation mortis causâ, 2. obligor not answerable for interest beyond the penalty, 5. otherwise in an action of debt on a judgment recovered on, 5, note 1. but bankruptcy of the obligee after the assignment does not prevent made by an infant other than for necessaries, is voidable, 21. made by an infant drawn for necessaries, doubtful whether good or one partner cannot execute a bond as to bind his co-partners, 40. BOND-(continued). of the East India company transferable to vest legal interest, 142. BREACH of contract must be shewn in declaration on bill, 463. but common breach at end of money counts suffices, 463. of a warranty affords a complete defence to an action, 526.-(See BRISTOL, it is not usual there to present bill for acceptance, or to accept, 206. BROKER. (See "Agent.") who sells goods on account of principal, and himself draws a bill on receiving an exorbitant brokerage on the discount of a bill, does not an agreement with a broker to get bills discounted, and to give £10 CALENDAR MONTH, 343.-(See “ Month.”) CANCELLING.-(See "Acceptance.") acceptance cannot in general be cancelled, 242, 3, 4. action for illegally cancelling, when it will lie, 136. CARTE BLANCHE.-(Sce" Blank Bills.") CASH NOTES, 423.-(See " Bankers Cash Notes.") CERTIFICATE.-(See “ Bankrupt,” and “ Bankruptcy.") a contract made in consideration of signing bankrupt's, void, 102. of the East India Company are not assignable, 142. general effect of a bankrupt's certificate, 604 to 607. CESTUI QUE TRUST, a debt due from to defendant may be set off in action on a bond given a debt due to a party as trustee for another, cannot be set off in bank- CHANCERY (See "Bill in Equity,” “Injunction.") CHARGES (See "Expences.") what interest, re-exchange, provision, and charges are recoverable, CHECKS ON BANKERS defined, 411. the form of a check, 66. no particular words necessary, 53. must be drawn on a regular banker, 411. ["Stamps." in what cases exempted from stamp duties, 66, 71, 78, 411,—(See |