BILLS OF EXCIIANGE-(continued).

The general requisites of a bill-(continued).

though good on the face, yet if it appears by an indorsement on
it to be payable on a contingency, it is bad, 59, 60.

payable on an uncertain event is only a special agreement, and
must be declared on as such, 60. .

a written stipulation to renew on a separate paper, when will qua-
lify the liability, though not vitiate, 61.

the wish of payee to indulge maker expressed in a memorandum,
is not a contingency, 61.

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.
of moral certainty, 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-
for instances and examples, 64.

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.")
Of the date, 76 to 78.-(Sce" Date," for alteration in respect to, see
Sum payable, 78.

[bill, 78.

no necessity for the superscription of sum if it be stated in the
advisable and usual to be set forth both in figures and words, 78.
ought to be expressed in the body of bill, but if omitted aided by
the superscription, 86.

if it be different in the body to that in the superscription, that in
the body will be taken to be the sum payable, 86.

Time of payment, 78 to 80.-(For alteration in respect to, sec
tion," 130 to 136.)

"Altera

a French ordinance requires to state time of payment, 78.
though not necessary in England, and when no time is stated they
are payable on demand, 79.

advisable however to do so, and usual to write in words, and some-
times to state both old and new style, 79.

time of payment may be at any length of time, 79.

foreign and inland may be drawn, payable on demand, at sight, at
days, weeks, months, or years, but foreign usually drawn at

usances, 79.

intended to be payable on demand, drawn payable at sight, 79.
time of payment.-(See " Presentment for Payment.”)

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-
pellable to give another, 81.

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.
forgery of an indorsement of payee does not pass any interest, and
an action may be sustained on the other parts, 81.

[drawer, 82.

To whom payable, 82 to 85.-(See " Bearer,"" Fictitious Person.")
must in general be specified, 81,
but if it is not, holder may fill up the blank, and recover against

BILLS OF EXCHANGE-(continued).

To whom payable-continued).

otherwise in an action against acceptor, without express authority
to fill up the blank, 82.

these bills forbidden in France, 83.

when drawn in blank abroad, and filled up in England, no stamp
required, 70.

mis-spelling the name may be rectified by parol evidence, 82.
where misdescription of the payee will not vitiate, 83. [83.
payable to bearer, or I. S. or bearer, may be transferred by delivery,
payable to a fictitious person may be declared on, and used as
bills payable to bearer, 83. 170. 456.-(See "Fictitious Payee.")
may be payable to drawer himself, because there need not be three
parties to it, 85.

may be payable to one for the use of another, 85.

may be payable to a feme covert, but it vests in husband, 85.
payable to order, 85 to 86.-(See "Order.")

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,
foreign may be for any sum, otherwise with inland, 87.-(See
"Small Bills.")

of the words" value received," 87 to 88.-(See "Value Received.")
of the consideration necessary.-(See "Consideration," "Accommodation,
Bills," "Gaming," and "Usury.")

if given for spirits sold in less quantities than 20s. value, bad, 103.
for apprentice fee and indenture void, when bad and when
not bad, 103.

on an illegal consideration, and a third person get it,
knowing of such illegal act, or after it became due, he
cannot recover, 103.

on a consideration illegal by statute in part or in whole,
a bonâ fide holder, even without notice, cannot recover,
104. Aliter now in Usury, Appendix, 692.

otherwise where it is not so expressly declared by stat. 105.
founded on a good consideration, but indorsed over by payee for
an usurious agréement, how far void, 104.-Appendix, 692.
of discounting a bill, 107 to 108.--(Sec “ Discount,” “Interest.")
of the direction to place it to account, 115.

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,
drawer's name, 115.-(See " Drawer.”)

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-
tion,"
"Holder.")

are to be more liberally construed than any other instrument, 1-19.
indorsement waived of a bill, is payable to a fictitious payee, 119.
are to be given effect to, according to the law of the country
where drawn, and where to be paid, 120, 301.

the time of payment to be reckoned according to the laws of the
place, where a bill is drawn, if payable after date, 120.
otherwise if payable at any other time, as days, &c. 120.

the remedy in case of non-payment, &c. is according to law of
place, where bill to be paid, 121.-(See " Arrest," "Foreign
Laws.")

when new cases arise on the construction, court will consult with
merchants, 122.

BILLS OF EXCHANGE-(continued).

Of the delivery of a bill to payee, and effect thereof, 122 to 130.-(See
"Debt.")

a delivery not essential to vest legal interest in, 122.

to a creditor in discharge of a debt, precludes him from
suing on original contract, 123. (See " Debt.")
otherwise if the terms of the agreement, in which such discharge
is given, are not strictly complied with, 124. [security, 124.
a delivery of a bill or a note, how far prejudices a prior specialty
delivered on the balance of accounts in an action on bill, the de-
fendant cannot impeach the charges, 125.

of the effect of taking a bill, 125.

plaintiff must shew that he has used due diligence to obtain ac-
ceptance and payment, and in default thereof given due notice,
126.

it is conclusive evidence of the sum due, 125.

it extinguishes prior debt so far that in an action on such debt
proof on part of defendant that he gave a bill or note for sum
due, compels plaintiff to prove that it was dishonored, and
notice given, 126.

but where such bill was given by the defendant, but who was no
party to it, no proof of notice of the dishonor is necessary,
127.

Of the effect of an alteration of a bill or note, 130 to 136. 251. (See
“Alteration.")

Of the liability of the drawer, 136 to 139.—(See " Drawer.”)

Of the transfer, indorsement, and delivery of bills, 140 to 189.—(See
"Indorsement," 39.66
Transfer.")

Of the loss of bills, 190 to 204. (See "Loss.")

Of presentment for acceptance, 203 to 214.-(See " Presentment for Ac
ceptance.")

Of acceptance generally, 215 to 238.-(See "Acceptance.")

Of the liability of acceptor, and his rights in certain cases, 239 to 252.—
(See "Acceptor.")

Of the liability of a party promising to pay a bill, 252 to 254.—(See
"Promise," "Agreement.")

Of indemnity of acceptor, 255 to 256.—(See“ Indemnity,"
dation Bill.")

"Accommo-

Of non-acceptance and conduct thereon, 256 to 309.-(See " Notice of
Non acceptance," "Protest," " Waiver.")

Of protest for better security, 309.-(See "Protest for better Security.")
Of acceptance supra protest, 310 to 314.-(See " Acceptance Supra Pro-
test.")

Of presentment for payment, 315 to 357.-(Sce" Presentment for Pay-
ment.")

Of payment, 357 to 370.-(See "Payment.")

Of effect of giving time to and releasing acceptor, 371 to 380.—(Sce
"Release," 99.66 Time," "Indulgence.")

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
"'"
acceptor, 384 to 387.-(See " Compounding," " Release.")

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
Non-payment," " Waiver," "Release.")

Of payment supra protest, 408 to 410.-(See " Payment Supra Protest.")
Of the action in general on a bill, 438 to 445.-(See " Action,” “ Action
of Assumpsit," " Action of Debt.")

BILLS OF EXCHANGE-(continued).

Of the affidavit to hold to bail, 446 to 448.-(See " Affidavit.")
Of the arrest, 448 to 449.-(See “ Arrest.”)

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-
nue," "Declaration.")

Of the statement of bill and misnomer, 452 to 457.-(See "De-
claration," "Misnomer," &c.)

How defendant became party, 457 to 460.-(Sce" Declaration.”)
How plaintiff became party, 460 to 462.-(See "Declaration.")
Of the necessary averments, 463 to 466.-(See "Declaration,"
"Averment.")
[471.-(See "Count.")

Of the counts on the consideration and common counts, 466 to
Of staying proceedings on payment of debt and costs, 472, 3.-(Sce
"Staying Proceedings," "Costs," "Judge.")

Of judgment by default, 473.-(See "Judgment.")

Of reference to master to compute, 474 to 477-(See "Judgment.")
Of the pleas and defence, 477 to 481.-(See " Plea," " Defence.")
Of the evidence on each side, 482 to 534.-(See " Evidence.")
Of the competency of witnesses, 527 to 534.-(See "Witnesses.")
Of the sum recoverable in an action on a bill, 535 to 544.-(See " Prin-
cipal Money," " Interest," " Expences," "Re-exchange," "Provision.")
Of the action of debt on a bill, 545 to 547.—(See " Action of Debt.")
Of bankruptcy, 548 to 624.-(See "Bankrupt" and "Bankruptcy.")
Statutes relating to bills, Appendix, 660 to 697.

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.
-(See " Evidence.")

BLANK BILLS.

drawer's name signed abroad to a blank paper filled up in England,
not liable to English stamp, 70.

bill drawn abroad, with blank for payce's name, and filled up in Eng-
land, no English stamp necessary, 70.

drawer's signing his name to blank stamp liable, 32, 114, 138.
acceptance to a blank stamp binds an acceptor, 219.

the like as to an indorser, 160.

BONA NOTABILIA.

bill of exchange is so where debtor dies, 2. 450.
bond is so where it happens to be at death of obligor, 2.

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.
entitled to payment out of the assets of the deceased before a bill, 5.
action on if assigned must be brought in the name of original
obligee, 6.

but bankruptcy of the obligee after the assignment does not prevent
him from suing on it, 10.

made by an infant other than for necessaries, is voidable, 21.

made by an infant drawn for necessaries, doubtful whether good or
not, but must be without a penalty, 22.

one partner cannot execute a bond as to bind his co-partners, 40.
no particular set of words necessary to a, 53.

BOND-(continued).

of the East India company transferable to vest legal interest, 142.
a note promising to pay money in East India bonds bad, 430.
action against one of two obligors on a joint and several bond, and
taking him in execution, is no bar to an action against the other, 444.

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
"Warranty.")

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
purchaser for the amount liable on bill, 37.

receiving an exorbitant brokerage on the discount of a bill, does not
affect its validity, 105.

an agreement with a broker to get bills discounted, and to give £10
per cent. for it, is not usury, 115.

CALENDAR MONTH, 343.-(See “ Month.”)

CANCELLING.-(See "Acceptance.")

acceptance cannot in general be cancelled, 242, 3, 4.
when a check may be, 244.

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.
obtained by a bankrupt abroad bars all action here on instruments
made in such country, 120.

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
to plaintiff as trustee, 10.

a debt due to a party as trustee for another, cannot be set off in bank-
ruptcy, 612.

CHANCERY (See "Bill in Equity,” “Injunction.")

CHARGES (See "Expences.")

what interest, re-exchange, provision, and charges are recoverable,
537 40 545.

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