NOTICE OF NON-ACCEPTANCE-(continued).

What excuses omission of it-(continued).

when party, ignorant of indorser's residence, if he use reasonable di-
ligence to discover it, want of immediate notice not material, 276.
what that reasonable diligence is, 276.

verbal notice at a counting-house is sufficient, 276.

and if nobody there, not necessary to leave or send a written no-
tice, 277.

immediate notice excused by such day being a public festival, 277.
but the loss or destruction of the bill is no excuse for want of no-
tice, 277.

when drawer or indorser of a bill, or indorser of a note, is a bank-
rupt, notice must be given to his assignee, 277.

want of due notice excused by holder's religion forbidding him to
attend to secular affairs, 277.407.

notice of non-acceptance having been given, no notice of non-pay-
ment is requisite, 300.

2. The protest, and form, and mode of notice of non-acceptance, 278

to 288.

points relating to protest, 278 to 284.-(See " Protest.")

what is sufficient notice, 284.

personal service of notice not requisite, 284.

not to leave a written notice at parties residence, 284.

a verbal notice at parties residence or counting-house, sufficient, 284.
notice by post sufficient, even though letter miscarries, 285.

and if sent by a private hand, and it arrive after the post, the par.
ties are discharged, 286.

otherwise if sent by private hand, and no essential delay take
place, 286.

when notice sent by twopenny post sufficient, 287.

and all notices, when sent by post, ought to be put into receiving-
house, 287.

delivery of notice to bellman in street, not sufficient, 287.

when there is no post, how notice should be given, 287, 8.

when more convenient to holder he may send notice by a meş-
senger, and recover expences, 288.

3. Time when notice may be given, 288 to 292.

when a foreign bill is dishonored, and party to whom notice is
given resident abroad, a copy of protest ought to be sent with
it, 289.

otherwise if such party be resident in England, 289.

must be given in a reasonable time after dishonor to those to whom
holder means to resort, 290, 91.

and holder must not delay giving notice till bill protested for non-
payment, 291.

and in case of a foreign bill notice should be given on the day of
refusal to accept, or earliest possible conveyance afterwards,
291.

inland bills not protested for non-acceptance, notice should be
given at least on the day after dishonored, 291.

each party entitled to a day to notify dishonor, 291.
how it should be given when notice sent by post, 291.

4. By whom notice should be given, 292 to 295.

held formerly that it must be given by the holder, and by no other
party to the bill, 292, 93.

but it may be given by holder's agent, 293.

acceptor telling drawer before bill due, that he was unable to take

it up, and requesting drawer to do it, and gave him part of the
money, still notice is necessary, 293.

NOTICE OF NON-ACCEPTANCE-(continued).

By whom notice should be given-(continued).

but now notice may be given by any party to the bill, liable on
it, 293.

and such notice will enure for benefit of antecedent parties, 294. 297.
and recently decided notice to drawer, by acceptor, sufficient, 295.
but advisable in all cases for a party, on receipt of notice, to give
a fresh one to all antecedent parties liable to him, 295.
such notice should be served by some agent or servant competent
to prove the same, 295.

5. To whom notice should be given, 295 to 297.

should be given to all parties to whom holder means to resort for
payment, 295.

and want of effects in the hands of drawee no excuse for omission of
notice to indorsers, 295.

[295.
indorser entitled to notice, though drawer and acceptor fictitious,
when party entitled to notice a bankrupt, it should be given him,
and his assignees, 295.

[295.
if party dead, notice should be given to executor or administrator,
notice should be given to a person guaranteeing payment of bill,
296.

when party abroad, notice may be left at his place of residence
here, 296.

notice of dishonor of an inland bill, must be given to the party
from whom holder got it, 297.

[297.

notice to one of several partners, is notice to all, 297.
and where one of several drawers is acceptor, no notice is required,
engaging to call on holder to know if bill is paid, dispenses with,
297.

when a bill is made payable at a particular place, and is dis-
honored, acceptor need not have notice, 323, 4.

6. Liability of Parties on Non-Acceptance, 298 to 301.—(See “Non-
Acceptance.")

[309.

7. How the consequences of neglect to give notice are avoided, 301 to
may be waived by person entitled to take advantage of them, 301.
what has been decided as being a waiver of them, 301, 2, 3, 4.
of the protest, 304, 305.
how far a promise made under misapprehension of law waives
consequences of neglect, 304, 5.-(See "Promise.")
proposal by indorser to pay bill by instalments, how far amounts
to a waiver, 308.-(See "Promise," "Laches," " Waiver.")
when promise to pay dishonored bill is made by a party on arrest
by way of compromise, how far valid, 308.

a drawer may impliedly waive his right to insist on want of notice
as a defence, 308.

but it is otherwise in case of an indorser, 308.

when a plaintiff in an action on a bill must prove a prior demand
on acceptor, 309.

a person once discharged by reason of want of notice, is always
discharged, 309.

if two or more parties to a bill discharged by want of, and one
afterwards pays it, he cannot recover proportion of the money
paid for the other, 309.

positive proof of notice must be given and it cannot be left to
inference, 518.

NOTICE OF NON-PAYMENT,

The rules in general same as in case of non-acceptance, (see therefore
"Notice of Non-Acceptance.")

1. Of the necessity of giving notice, 394 to 395. 256 to 278.
why notice required, 257. 394.

NOTICE OF NON-PAYMENT-(continued).

1. Of the necessity of giving notice-(continued).

on non-payment of a foreign, as well as an inland, notice
must be given, 394, 5.

governed by nearly same rules as in case of non-acceptance,
394. 256. 7, 8.-(See " Notice of Non-Acceptance.")

want of effects in drawee's hands, when excuses omission of,
394, 258 to 278.-(See "Effects.")

but few other circumstances will have that effect, 394.
when bill has been protested for non-acceptance, and notice
thereof given, no protest or notice necessary, 394.

but it is usual to do so, 394.

after regular notice of, and an engagement to present bill
again, and doing so, but omitting second notice, this will
not prejudice, 394.

persons who are bankers for drawer and acceptor, and who
receive bill from drawer, and acceptor tells them not to
pay, a general notice suffices, 394, 5.

if a note is payable at a banker's, no notice necessary, 395.
an agreement not to put note in suit till a certain act is done,
will not excuse the omission of notice, 395.

for other points, see 256 to 278, and 301 to 309.
2. Form and mode of giving notice, 395 to 399.

the rules relating to non-acceptance here prevail, 395.-(Sce
"Protest," "Notice of Non-Acceptance.")

a verbal notice of dishonor of an inland bill is sufficient, and
if no person at home it is not necessary to leave or send
a written notice, 395.

notice should be sent to all the parties to whom holder
means to resort for payment, 399.

3. Of the time when notice must be given, 399 to 408.—(See

tice of Non-Acceptance.")

"No-

the holder must prove that notice was given in due time,

400. n. 3. 518.

notice may be given on the last day of grace, 401.

the usual practice on such occasions, 401.

in no case necessary to give notice on the day of refusal to
pay an inland bill, 401. 366.

each party has one entire day after that on which he received
notice, to give notice to his immediate indorser, 401. 366.
and such notice may be sent by the two-penny post, however
near the parties may live, 401.

and where parties do not reside in or near London sufficient
to give notice by the next practical post, 402.

notice may be sent by private hand if it arrive on same day
as the post, though a few hours later, 402, 3.

if each party forward notice on the day after that on which
he received, it will be sufficient, though they reside in
London or elsewhere, 402.

decisions establishing these rules, 402 to 408.

notice must be given in a reasonable time, 402.

what is a reasonable time, 402.

what is a reasonable time in regard to sending notice by the
post, or by a private hand, 402, 3.

what has been deemed laches in regard to notice sent by
post, 403, 4, 5, 6, 7.

where notice was sent by holder to the fifth indorser on one,
and he on next to the fourth, and so on, due diligence has
been used, 404.

NOTICE OF NON-PAYMENT-(continued).

3. Of the time when notice must be given―(continued).
when a bill is deposited with a banker, who presents same
for payment on Saturday, and is refused, and he gave
notice to principal on Monday, and he on Monday night
by two-penny post to last indorser, this sufficient, 404.
a banker formerly considered bound to give notice on the
very same day if his principal's bill is dishonored, 404.
not so now, he being considered as distinct holder, 404, n. 3.
405.

where a bill was lodged with a banker who presented same on
the 4th, gave notice to the indorsee on the 5th, and to the
drawer on 6th, is sufficient, 405.

the holder of a dishonored bill is not bound to post off im-
mediately with notice, omissis omnibus aliis negotiis, 405.
but if a notice is sent by post it must be put in at such a
time, that it may be received on the morning of the day
after that on which the sender had notice, 406, 7.
doubtful whether drawer is or is not discharged if it is
proved that one indorsee has omitted to give due notice to
his indorser, 407.

want of due notice is excused by the holder's religion for-
bidding him to attend to secular affairs, 407.

or by the drawer or indorser absconding, 407.

when notice is to be given to a banker it must be in the
usual hours of business, 407.

to others, time of day not material, 407.
4. By whom notice should be given, 407.

rules the same as in case of non-acceptance, 292 to 295—
(See "Notice of Non-Acceptance.")

5. To whom notice should be given, 407.

rules the same as in case of non-acceptance, 295 to 297.-
(See "Notice of Non-Acceptance.")

6. Liabilities of the different parties thereupon, 407.

rules the same as in case of non-acceptance, 298 to 301.—
(See "Non-Acceptance.")

7. How consequences of laches waived, 407, 8.

rules the same as in case of non-acceptance, 301 to 309.-
(See " Notice of Non-Acceptance.")-

NOTING-(See "Protest," "Notice," " Notary.")

of a bill, what it is, 280, 398.

how far supplies place of protest, 280.

OBLIGATION-(See " Lability.")

OBLIGEE,

of a bond, when assigned, action must be brought in name of the ori-
ginal obligee, 6.

who has assigned over a bond and then become a bankrupt, may sup-
port an action on it, 10.

of a bond, with a surety, giving time for payment of it, without surety's
consent, surety discharged, 374.

OBLIGOR,

of a bond, a release to, or set off due to, from obligee, a bar to any
action by an assignee, 6.

action against one of two obligors on a joint and several bond, and

taking him in execution, no bar to an action against the other, 444.

OFFICE,

recommendation to a public, no consideration, 96.
purchase of, no consideration, 96.

sale of, illegal, 102.

OLD STYLE-(See "Style.")

of old and new style, where they prevail, 336, 7.

OR ORDER, WORDS OF (See "Indorsement," "Transfer.")
of bills payable to, 85 to 86.

not essential that they should be, 85.

if the bill is intended to be negotiable, these or other words of transfer
ought to be inserted, 86.

if omitted by mistake, they may be inserted afterwards without a fresh
stamp, 86.

and such insertion will not invalidate them, 132.

if a bill or note is payable to order of plaintiff, it may be stated in de-
claration to be payable to him, 456, 450.

no necessity to aver that he made no order, 456, 460.

bills payable to the order of a fictitious person may be treated against
all aware of the fact as bills payable to bearer, 457.

OUTLAWRY,

of two out of three defendants in a joint action, will not dispense
with proof of the joint liability, 490.

OVER DUE BILLS-(See " Indorsement.")

of the transfer of a bill after it is due, 163. 168.-(See Indorse-
ment.")

PARDON,

soliciting a pardon is no consideration, 96.

PAROL-(See "Agreement," "Contract.")

assignment of a chose in action by, vests equitable interest in assignee,
n. 6. 9.

contracts in actions on, consideration must be proved, 13.

includes unsealed written and verbal contracts, but not bills
or notes, 13.

an agent may be appointed by, and in general is, 31.

agreement to renew, no evidence as a defence to an action on a bill,
61. 2. 478.

PAROL ACCEPTANCE-(See "Acceptance.")

how far binding, 222.

PARTIAL

acceptance, law applicable to, 237, 8.-(See "Acceptance.")
indorsement, law applicable to, 180.-(See " Indorsement.")
payment, does not discharge drawer or indorser, 380.

by the drawer when don't discharge acceptor, 382.

PARTICULAR FUND-(See "Contingency," "Bills of Exchange.")
bills payable out of, when invalid, 55.

promissory notes payable out of, when invalid, 430.

PARTICULARS OF DEMAND,

must state consideration of the bill, if intended to proceed at trial on
common counts, 466.

interest recoverable under them, stating action brought to recover
amount of note, 539.